Smith et al v. Johnson & Johnson et al
| Patricia G. Smith |
| Ashland Hospital Corporation, Johnson & Johnson, Gynecare, Ethicon Women's Health and Urology and Ethicon, Inc. |
| Mark Smith |
| 0:2018cv00045 |
| April 13, 2018 |
| US District Court for the Eastern District of Kentucky |
| Ashland Office |
| XX US, Outside State |
| David L Bunning |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on June 14, 2018. A more recent docket listing may be available from PACER.
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Filing 97
AGREED ORDER :all claims against Defendants are hereby dismissed with prejudice, each party to bear its own costs. This matter is stricken from the Court's active docket. Signed by Judge David L. Bunning on 6/14/18.(JLS)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Bunning for review: re #96 Proposed Agreed Order/Stipulation of Dismissal by Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson, Mark Smith (KSS) |
| Filing 96 Proposed Agreed Order/Stipulation of Dismissal by Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson, Mark Smith. (Pope, Susan) |
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Filing 95
ORDER : the parties shall file an Agreed Order of Dismissal within thirty (30) days from the date of this Order. Signed by Judge David L. Bunning on 5/14/18.(JLS)cc: COR
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Filing 94
ORDER ; dfts having filed re #93 Notice of Settlement ; IT IS ORDERED that the Status Conference set for Monday, May 14, 2018, is VACATED . Signed by Judge David L. Bunning on 5/11/18.(SMT)cc: COR
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| Filing 93 NOTICE of Settlement by Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson (Pope, Susan) |
| Filing 92 Mail Returned as Undeliverable. Mail sent to Christy D. Jones re #91 Order, Set Deadlines/Hearings. Return to Sender, Not deliverable as Addressed, Unable to Forward. (JLS) |
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Filing 91
ORDER : The matter is hereby scheduled for a STATUS CONFERENCE set for 5/14/2018 at 09:30 AM in ASHLAND before Judge David L. Bunning. Signed by Judge David L. Bunning on 4/25/18.(JLS)cc: COR Modified on 4/26/2018 to reflect attys: Jones, Thomas, Sutherland, Robinson and Gage (via US Mail) (JLS).
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| ***FILE SUBMITTED TO CHAMBERS of Judge Bunning for review: #90 Joint Status Report. (TDA) |
| Attorney Update: Lori E. Hammond & Susan S. Wettle added for dfts Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare and Johnson & Johnson, per DE #90. (TDA) |
| Filing 90 JOINT STATUS REPORT by Ethicon, Inc., Johnson & Johnson, Mark Smith. (Pope, Susan) |
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Filing 89
(COPY from 0:12-cv-42) ORDER: the parties shall file a Joint Status Report not later than Tuesday, April 24, 2018. Signed by Judge David L. Bunning on 4/5/2018.(CBD)cc: COR, paper copy mailed to non-registered filers
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| Filing 87 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:12-cv-01498. Original file, certified copy of transfer order and docket sheet received electronically. cc: COR w/ copy of docket sheet to non-registered filers |
| Party Mark Smith, Mark Smith, Mark Smith and Ashland Hospital Corporation added. (CBD) |
| Attorney Update. Attorney Laura H. Dixon terminated per Order #31 . (CBD) |
| Conflict Check run. (CBD) |
| REMARK: Docket Report of MDL 2327 and Pretrial Orders entered in MDL 2327 (#Click Here for Link to WVSD MDL Orders. ) (CBD) |
| Filing 86 CERTIFIED CONDITIONAL REMAND ORDER, JUDICIAL PANEL ON MDL: coordinated or consolidated pretrial proceedings in this action on this conditional remand order have been completed and remand to the transferor court, as provided in 28 U.S.C. 1407(a), is appropriate; this action is remanded to the transferor court; the parties are directed to furnish the Clerk of the SDWV with a stipulation or designation of the contents of the record to be remanded. Signed by Jeffery N. Luthi, Clerk of Panel on 04/02/2018. (cc: attys) (ts) [Transferred from wvsd on 4/13/2018.] |
| Filing 85 EMAIL NOTIFICATION to the Eastern District of Kentucky regarding remand of this MDL Member Civil Action, the docket sheet for MDL 2327, all Pretrial Orders entered in MDL 2327 and the Joint Designation of Non-PTO Filings. (mek) [Transferred from wvsd on 4/13/2018.] |
| Filing 84 CONDITIONAL REMAND ORDER, JUDICIAL PANEL ON MDL: coordinated or consolidated pretrial proceedings in this action on this conditional remand order have been completed and remand to the transferor court, as provided in 28 U.S.C. 1407(a), is appropriate; this action is remanded to the transferor court; the parties are directed to furnish the Clerk of the SDWV with a stipulation or designation of the contents of the record to be remanded. Signed by Jeffery N. Luthi, Clerk of Panel on 04/02/2018. (cc: attys) (ts) [Transferred from wvsd on 4/13/2018.] |
| Filing 83 PARTIES' JOINT DESIGNATION OF NON-PTO FILINGS FROM 2:12-MD-2327 by Ethicon, Inc., Johnson & Johnson, Mark Smith, Administrator, Mark Smith (Pope, Susan) (Modified on 3/30/2018 to add party filer) (ts). [Transferred from wvsd on 4/13/2018.] |
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Filing 82
ORDER AND SUGGESTION OF REMAND Pursuant to 28 U.S.C. 1407 and the Rules for Multidistrict Litigation promulgated thereunder, specifically Rule 10.1(b), the court suggests that this action be remanded to the United States District Court for the Eastern District of Kentucky, Northern Division. All pretrial proceedings, including discovery and dispositive and Daubert motion practice, are substantially complete, and the case is ready for trial. Upon receipt of an order to remand from the Clerk of the Judicial Panel on Multidistrict Litigation and any joint designation of the MDL 2327 record by counsel, the Clerk of this court is directed to transmit the following to the transferor court: (1) a copy of the member case docket sheet; (2) the entire file for the member case; (3) the docket sheet for MDL 2327, 2:12-md-2327; (4) all Pretrial Orders entered in 2:12-md-2327; and (5) any other filing from 2:12-md-2327 which the parties jointly designate. It is ORDERED that within seven 7 days of the MDL Panels transmittal of the remand order to this court, the parties shall file a joint designation of any non PTO filings from 2:12-md-2327. Designations must include all general causation Daubert motions, responses and replies for any expert identified by the parties in this case. Once the case is remanded to the transferor court, the court ORDERS that within 14 days of filing of the confirmation from the transferor court that the case has been opened in that court, the parties jointly file each of the pleadings identified in their designations in the remanded case separately and include a cover page for each pleading that identifies the ECF number for that pleading from the main MDL 2327. Signed by Judge Robert C. Chambers on 3/20/2018. (Attachment: #1 Suggestion of Remand Memorandum) (cc: Clerk of the JPMDL; counsel of record; any unrepresented party) (mek) [Transferred from wvsd on 4/13/2018.]
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Filing 81
MEMORANDUM OPINION AND ORDER (Daubert Motion re: William Boykin, M.D.) The #62 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Testimony of William Boykin, M.D. is GRANTED in part and RESERVED in part, as more fully set forth herein. Signed by Judge Robert C. Chambers on 12/12/2017. (cc: counsel of record; any unrepresented party) (ts) [Transferred from wvsd on 4/13/2018.]
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Filing 80
MEMORANDUM OPINION AND ORDER (Defendants' Motion for Summary Judgment) The #59 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment is GRANTED in part and DENIED in part. Ethicon's Motion is GRANTED with regard to the following claims: Count V - Misrepresentation and Suppression, Count VI - Breach of Implied Warranty of Merchantability, Count VII - Breach of Express Warranty, Count VIII - Fraud, Count IX - Violation of Kentucky Consumer Protection Act, and Count X - Unjust Enrichment; Ethicon's Motion is DENIED in all other respects, as more fully set forth herein. Signed by Judge Robert C. Chambers on 12/12/2017. (cc: counsel of record; any unrepresented party) (ts) [Transferred from wvsd on 4/13/2018.]
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Filing 79
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Salil Khandwala, M.D.) Directing the Memorandum Opinion and Order (Daubert Motion re: Vladimir Iakovlev, M.D.) entered on 9/01/2016 in MDL 2327 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 2 case identified in Exhibit A. The Prior Order is attached hereto as Exhibit B. To the extent that the parties raise Daubert challenges not previously addressed in the court's Prior Order - fully adopted herein - those challenges are RESERVED for trial. Signed by Judge Robert C. Chambers on 12/12/2017. (cc: attys; any unpresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (ts) [Transferred from wvsd on 4/13/2018.]
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Filing 78
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Scott Guelcher, Ph.D.) Directing the Memorandum Opinion and Order (Daubert Motion re: Scott Guelcher, Ph.D.) entered on 8/31/2016 in MDL 2327 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 2 cases identified in Exhibit A. The Prior Order is attached hereto as Exhibit B. To the extent that the parties raise Daubert challenges not previously addressed in the court's Prior Order - fully adopted herein - those challenges are RESERVED for trial. Signed by Judge Robert C. Chambers on 12/12/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A)(rmc) [Transferred from wvsd on 4/13/2018.]
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Filing 77
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Bruce Rosenzweig, M.D.) Directing the Memorandum Opinion and Order (Daubert Motion re: Bruce Rosenzweig, M.D.) entered on 8/26/2016 in MDL 2327 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 2 cases identified in Exhibit A. The Prior Order is attached hereto as Exhibit B. To the extent that the parties raise Daubert challenges not previously addressed in the court's Prior Order - fully adopted herein - those challenges are RESERVED for trial. Signed by Judge Robert C. Chambers on 12/12/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (mks) [Transferred from wvsd on 4/13/2018.]
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Filing 76
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert ruling re: Christopher Ramsey, M.D.) Directing the Memorandum Opinion and Order (Daubert Motion re: Christopher Ramsey, M.D.) entered on 9/01/2016 in MDL 2327 as to the Ethicon Wave 1 cases is ADOPTED in the Wave 2 cases identified in Exhibit A. The Prior Order is attached hereto as Exhibit B. To the extent that the parties raise Daubert challenges not previously addressed in the court's Prior Order - fully adopted herein - those challenges are RESERVED for trial. Signed by Judge Robert C. Chambers on 12/12/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Cases Listed on Exhibit A) (rmc) [Transferred from wvsd on 4/13/2018.]
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Filing 75
PRETRIAL ORDER # 271 (ORDER RE: STIPULATIONS EXTENDING DISCOVERY) After a cursory review of many individual cases in the Ethicon MDL, the court notes that the parties have attempted to stipulate a change in the court's Docket Control Orders setting deadlines for discovery. The parties cannot extend court ordered discovery deadlines past the date set for completion of discovery without approval from the court. Fed. R. Civ. P. Rule 29(b); see Fed. R. Civ. P. Rule 16(b)(4). Here, the parties are repeatedly attempting to stipulate to delay the completion of discovery, which affects other deadlines in the Docket Control Orders, such as the deadline for filing dispositive motions and the deadline for filing Daubert motions. Under Local Rule 16.1(f)(3), the court is not required to, nor does it, recognize stipulations purporting to extend the discovery deadlines past the close of discovery. See LR Civ. P. 16.1(f)(3). All such stipulations filed in the Ethicon MDL which are inconsistent with Local Rule 16.1(f)(3) are INEFFECTUAL and VOID and undermine the policy goals of the MDL, including convenience of the parties, efficiency of the pretrial proceedings, and consistency on related issues. The parties are DIRECTED to cease filing such stipulations purporting to extend the discovery deadlines contrary to Local Rule 16.1(f)(3). When the parties seek an extension of discovery deadlines past the date set for the completion of discovery in the Docket Control Order, they must do so by motion in the individual case. The Docket Control Orders are plain that the only discovery permitted after the close of discovery are depositions of the plaintiffs friends and family members, and only if such depositions are requested before the discovery deadline. Those orders remain unaffected. Modifications of the discovery schedule, for good cause shown will be considered. Fed. R. Civ. P. 16(b)(4); see, e.g., PTO #251 at A.2.f. Good cause does not include mere agreement of the parties. Signed by Judge Robert C. Chambers on 9/27/2017. (cc: Clerk of the JPMDL; attys) (REF: MDL 2327 and Wave 1, 2, 3, 4, 5, 6, and 7 Cases Assigned to Judge Chambers) (rec) [Transferred from wvsd on 4/13/2018.]
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| Filing 74 ASSIGNMENT ORDER the Southern District of West Virginia has notified the Panel of the need to assign another judge from within that district to preside over certain cases in which the original transferee judge, the Honorable Joseph R. Goodwin, is recused. IT IS THEREFORE ORDERED that, with the consent of that court, the Honorable Robert C. Chambers is assigned as the transferee judge for coordinated or consolidated pretrial proceedings pursant to 28 U.S.C. 1407 over any actions transferred by the Panel that present recusal issues for the original transferee judge. Signed by Sarah S. Vance, Chair of the Panel. (cc: attys; any unrepresented party) (skh) [Transferred from wvsd on 4/13/2018.] |
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Filing 73
ORDER (RE: FEE COMMITTEE PROTOCOL) Pursuant to Section C of the "Order Establishing Criteria for Applications to MDL Fund To Compensate and Reimburse Attorneys for Services Performed and Expenses Incurred for MDL Administration and Common Benefit and Appointment of Common Benefit Fee and Cost Committee" (PTO # 211), the Common Benefit Fee and Cost Committee outlines the process for review of common benefit time submitted and the process for application for fees and expenses as set forth herein. Signed by Judge Robert C. Chambers on 6/28/2017. (Attachment: #1 Exhibits 1-4) (cc: counsel of record; any unrepresented party) (kp) [Transferred from wvsd on 4/13/2018.]
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Filing 72
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert Motion re: Mareeni Stanislaus, M.D.) The Motion filed in MDL 2327 by Certain Plaintiffs in Wave 2 Cases to Exclude Opinions and Testimony of Mareeni Stanislaus, M.D. is DENIED in part, GRANTED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Robert C. Chambers on 4/27/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Wave 2 casesidentified in Exhibit A) (ts) [Transferred from wvsd on 4/13/2018.]
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Filing 71
ORDER ADOPTING MEMORANDUM OPINION AND ORDER (Daubert Motion re: Larry T. Sirls, M.D.) The Motion filed in MDL 2327 by Certain Plaintiffs in Wave 2 Cases to Exclude the General Opinion Testimony of Larry T. Sirls, II, M.D. is DENIED in part, GRANTED in part, and RESERVED in part, as more fully set forth herein. Signed by Judge Robert C. Chambers on 4/27/2017. (cc: attys; any unrepresented party) (REF: MDL 2327; Wave 2 Cases Listed on Exhibit A) (ts) [Transferred from wvsd on 4/13/2018.]
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Filing 70
ORDER reassigning the civil actions listed on Exhibit A from the docket of Judge Joseph R. Goodwin to the docket of the Chief Judge Robert C. Chambers for all further proceedings pursuant to 28 United States Code, 455(b)(5)(iii). The Clerk is directed to file this order in the individual cases listed on Exhibit A and to file a copy of this order on the docket for the main MDL 2327. Signed by Clerk of Court Teresa L. Deppner on 11/22/2016. (cc: Judge Goodwin, Chief Judge Chambers, counsel of record, and to any unrepresented parties) (REF: MDL 2327; Cases listed on Exhibit A) (kp) [Transferred from wvsd on 4/13/2018.]
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| Filing 69 CERTIFICATION OF COMPLIANCE WITH PTO 240 by Mark Smith, Patricia G. Smith (Kinner, Mitchell) [Transferred from wvsd on 4/13/2018.] |
| Filing 68 REPLY by Ethicon, Inc., Johnson & Johnson to #66 Response In Opposition. (Attachments: #1 Exhibit(s) A - Dr. Boykin dep. excerpts)(Pope, Susan) Modified to remove links to #62 motion and #63 memorandum on 8/19/2016 (gjb). [Transferred from wvsd on 4/13/2018.] |
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Filing 67
ORDER granting #57 AMENDED MOTION by Mark Smith, Patricia G. Smith for Substitution by Representative of Deceased Plaintiff; the Clerk is DIRECTED to substitute Mark Smith, Administrator and Personal Representative of the Estate of Patricia G. Smith, for plaintiff Patricia G. Smith; the consortium claim of Mark Smith remains; the plaintiffs should appear on the case style as: Mark Smith, Administrator and Personal Representative of the Estate of Patricia G. Smith; and, Plaintiff: Mark Smith. Signed by Judge Joseph R. Goodwin on 8/17/2016. (cc: counsel of record; any unrepresented party) (ts) [Transferred from wvsd on 4/13/2018.]
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| Filing 66 RESPONSE by Mark Smith, Patricia G. Smith in opposition to #62 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Testimony of William Boykin, M.D. (Attachment: #1 Exhibits)(Kinner, Mitchell) (Modified on 8/14/2016 to remove link to #63 memorandum)(skh). [Transferred from wvsd on 4/13/2018.] |
| Filing 65 REPLY by Ethicon, Inc., Johnson & Johnson to #64 Response In Opposition. (Attachments: #1 Exhibit A - M Smith Depo Exh 4, #2 Exhibit B - Smith Deposition Excerpts, #3 Exhibit C - James Deposition Excerpts, #4 Exhibit D - Boykin Depo Exh 5, #5 Exhibit E - Boykin Deposition Excerpts)(Pope, Susan) (Modified on 8/8/2016 to remove links to #59 motion and #60 memorandum)(skh). [Transferred from wvsd on 4/13/2018.] |
| Filing 64 RESPONSE by Mark Smith, Patricia G. Smith in opposition to #59 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibits A-B, #2 Exhibits C-E)(Kinner, Mitchell) (Modified on 7/29/2016 to remove link to #60 memorandum) (skh). [Transferred from wvsd on 4/13/2018.] |
| Filing 63 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #62 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Testimony of William Boykin, M.D. (Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 62 MOTION by Ethicon, Inc., Johnson & Johnson to Exclude the Testimony of William Boykin, M.D. (Attachments: #1 Exhibit A - Plaintiffs Designation & Disclosure of Experts, #2 Exhibit B - Deposition Excerpts Franci Ogbolu, #3 Exhibit C - Kings Daughters Medical Center records, #4 Exhibit D - Deposition Excerpts Kelsey James, #5 Exhibit E - Deposition Excerpts Mark Smith, #6 Exhibit F - Deposition Excerpts William Boykin)(Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 61 STIPULATION AND NOTICE OF WITHDRAWAL OF DR. VLADIMIR IAKOVLEV AS RULE 26 CASE-SPECIFIC EXPERT WITNESS re: #45 Certificate of Service for Designation and Disclosure of General and Case-Specific Expert Witnesses by Ethicon, Inc., Johnson & Johnson, Patricia G. Smith, Mark Smith (Pope, Susan) (Modified on 7/21/2016 to add party filers) (skh). [Transferred from wvsd on 4/13/2018.] |
| Filing 60 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #59 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 59 MOTION by Ethicon, Inc., Johnson & Johnson for Summary Judgment (Attachments: #1 Exhibit A - James Dep. excerpts, #2 Exhibit B - Ogbolu Dep. excerpts, #3 Exhibit C - KDMC_00148-149, #4 Exhibit D - KDMC_00157-158, #5 Exhibit E - PSR_00322, #6 Exhibit F - Smith, M. Dep. excerpts, #7 Exhibit G - Boykin Dep. excerpts, #8 Exhibit H - 5-26-16 Letter from Pope to Kinner, #9 Exhibit I - Misc. Med. records)(Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 58 RESPONSE by Ethicon, Inc., Johnson & Johnson in opposition to #57 AMENDED MOTION by Mark Smith, Patricia G. Smith for Substitution by Representative of Deceased Plaintiff (Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 57 AMENDED MOTION by Mark Smith, Patricia G. Smith for Substitution by Representative of Deceased Plaintiff (Attachment: #1 Exhibit 1)(Kinner, Mitchell) [Transferred from wvsd on 4/13/2018.] |
| Filing 56 OBJECTIONS AND RESPONSES by Ethicon, Inc., Johnson & Johnson to #53 Notice to Take Deposition (Gage, William) [Transferred from wvsd on 4/13/2018.] |
| Filing 55 NOTICE of Cancellation of Deposition of Christopher Ramsey, M.D. by Mark Smith, Patricia G. Smith (Kinner, Mitchell) [Transferred from wvsd on 4/13/2018.] |
| Filing 54 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Kelsey James, M.D. on June 24, 2016 at 10:00 a.m. (Attachment: #1 PTO #38)(Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 53 NOTICE OF DEPOSITION by Mark Smith, Patricia G. Smith of Christopher Ramsey, M.D. on June 30, 2016 at 2:45 PM (Osborne, Joseph) [Transferred from wvsd on 4/13/2018.] |
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Filing 52
ORDER denying #48 MOTION by Mark Smith, Patricia G. Smith for Substitution of Plaintiff. Signed by Judge Joseph R. Goodwin on 6/16/2016. (cc: counsel of record; any unrepresented party) (mek) [Transferred from wvsd on 4/13/2018.]
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| Filing 51 CERTIFICATE OF SERVICE filed by Mark Smith, Patricia G. Smith for Outstanding Discovery (Kinner, Mitchell) [Transferred from wvsd on 4/13/2018.] |
| Filing 50 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Kelsey James, M.D. on June 24, 2016 at 9:00 a.m. (Attachments: #1 Subpoena, #2 PTO #38)(Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 49 CERTIFICATE OF SERVICE filed by Ethicon, Inc., Johnson & Johnson for Defendants' Designation and Disclosure of General and Case Specific Expert Witnesses and Defendants' Non-Retained Expert Disclosures (Jones, Christy) [Transferred from wvsd on 4/13/2018.] |
| Filing 48 MOTION by Mark Smith, Patricia G. Smith for Substitution of Plaintiff (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kinner, Mitchell) [Transferred from wvsd on 4/13/2018.] |
| Filing 47 SECOND AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Mark Smith on May 25, 2016 at 9:00 a.m. (Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 46 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of William Boykin, M.D. on June 17, 2016 at 2:00 p.m. (Attachments: #1 Subpoena, #2 PTO #38)(Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 45 CERTIFICATE OF SERVICE by Mark Smith, Patricia G. Smith for Designation and Disclosure of General and Case-Specific Expert Witnesses. (Kinner, Mitchell) [Transferred from wvsd on 4/13/2018.] |
| Filing 44 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. Francis N. Ogbolu on June 9, 2016 at 1:00 p.m. (Attachments: #1 Subpoena, #2 PTO #38)(Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 43 AMENDED NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Mark Smith on May 25, 2016 at 9:00 a.m. (Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 42 CERTIFICATE OF SERVICE filed by Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson for Defendants' First Set of Interrogatories, Second Requests for Production and First Set of Requests for Admission to Plaintiff Patricia G. Smith (Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 41 CERTIFICATE OF SERVICE filed by Mark Smith, Patricia G. Smith for Responses to First Set of Request for Production of Documents and Things (skh) [Transferred from wvsd on 4/13/2018.] |
| Filing 40 INCORRECT ENTRY; SEE ENTRY #41. (Modified on 2/22/2016 to remove discovery and file certificate of service as entry #41) (skh). [Transferred from wvsd on 4/13/2018.] |
| NOTICE OF DOCKET CORRECTION re: #40 Response by Mark Smith, Patricia G. Smith. ERROR: Discovery responses filed in their entirety. CORRECTION: Images removed and certificate of service filed using the event Certificate Of Service. (skh) [Transferred from wvsd on 4/13/2018.] |
| Filing 39 CERTIFICATE OF SERVICE filed by Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson for First Set of Requests for Production to Plaintiff Patricia G. Smith (Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 38 NOTICE of Cancellation of #37 Notice of Video Deposition of Plaintiff Mark Smith by Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson (Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 37 NOTICE OF VIDEO DEPOSITION by Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson of Mark Smith on 1/25/16 at 9:30 a.m. (Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 36 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan J. Pope on behalf of Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, Johnson & Johnson. (Pope, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 35 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Dr. William Boykin on March 7, 2016 at 9:00 a.m. (Jones, Christy) [Transferred from wvsd on 4/13/2018.] |
| Filing 34 NOTICE OF VIDEO DEPOSITION by Ethicon, Inc., Johnson & Johnson of Francis Nikem Ogbolu, M.D. on March 2, 2016 at 9:00 a.m. (Jones, Christy) [Transferred from wvsd on 4/13/2018.] |
| Filing 33 PRETRIAL ORDER # 206 (Docket Control Order - Wave 2 Cases) With the selection of the cases on the attached Exhibit A (Wave 2 cases), it is ORDERED that the following deadlines shall apply in the Ethicon Wave 2 cases as set forth herein: Plaintiff Fact Sheets due 1/19/2016; Defendant Fact Sheets due 2/19/2016; Deadline for written discovery requests due 4/05/2016; Expert Disclosure by Plaintiffs due 5/5/2016; Expert Disclosure by Defendants due 6/3/2016; Expert Disclosure for Rebuttal Purposes due 6/17/2016; Deposition Deadline and close of discovery due 7/01/2016; Filing of Dispositive Motions due 7/08/2016; Responses to Dispositive Motions due 7/25/2016; Reply to Response to Dispositive Motions due 8/04/2016; Filing of Daubert Motions due 7/21/2016; Responses to Daubert Motions due 8/08/2016; and Reply to Response to Daubert Motions due 8/18/2016. In the event there are issues related to sealing of confidential documents that the parties are unable to resolve, they must be brought to the court's attention in a consolidated manner as follows: a consolidated motion to seal is due on or before 6/10/2016, any response is due 6/20/2016, and any reply is due 6/30/2016. By no later than 5/16/2016, the parties shall meet and confer concerning the appropriate venue for each of the cases ready for transfer, remand or trial, and the parties shall submit joint venue recommendations to the court by 5/24/2016. Signed by Joseph R. Goodwin on 11/20/2015. (Attachment: # 1 Exhibit A) (cc: Clerk of the Judicial Panel on Multidistrict Litigation; attys) (REF: MDL 2327; Wave 2 Cases) (kp) [Transferred from wvsd on 4/13/2018.] |
| Filing 32 NOTICE OF REQUEST TO BE REMOVED FROM THE COURT'S SERVICE LIST by Susan J. Pope on behalf of Ethicon Women's Health and Urology, Ethicon, Inc., Gynecare, and Johnson & Johnson. (lca) [Transferred from wvsd on 4/13/2018.] |
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Filing 31
ORDER: Based on representation of counsel that Laura H. Dixon no longer represents any party in this MDL or any party in any member case, the above named counsel is terminated where she appears as counsel for any party in this MDL and in any member case. Signed by Judge Joseph R. Goodwin on 5/5/2014. (cc: attys; any unrepresented party) (all) [Transferred from wvsd on 4/13/2018.]
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| Filing 30 STATEMENT NOTING DEATH of Patricia G. Smith by Mark Smith, Patricia G. Smith (Attachment: #1 Proposed Order)(Kinner, Mitchell) [Transferred from wvsd on 4/13/2018.] |
| Filing 29 NOTICE OF REQUEST TO BE REMOVED FROM THE COURT'S SERVICE LIST by William F. Bottoms. (lca) [Transferred from wvsd on 4/13/2018.] |
| Filing 28 NOTICE OF REQUEST TO BE REMOVED FROM THE COURT'S SERVICE LIST by W. Mitchell Hall, Jr on behalf of Ashland Hospital Corporation (Hall, W.) [Transferred from wvsd on 4/13/2018.] |
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Filing 27
ORDER denying as moot Plaintiff's #24 MOTION for Extension. Signed by Judge Joseph R. Goodwin on 2/12/2013. (cc: attys; any unrepresented party) (lca) [Transferred from wvsd on 4/13/2018.]
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Filing 26
ORDER granting Ethicon, Inc.'s #25 Motion to Withdraw Motion to Dismiss; denying as moot Ethicon's #22 Motion to Dismiss. Signed by Judge Joseph R. Goodwin on 2/11/2013. (cc: attys; any unrepresented party) (skh) [Transferred from wvsd on 4/13/2018.]
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| Filing 25 MOTION by Ethicon, Inc., Johnson & Johnson to Withdraw #22 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss Complaint Attached to #1 Notice of Removal (Thomas, David) (Modified on 1/11/2013 to remove link to #23 memorandum) (skh). [Transferred from wvsd on 4/13/2018.] |
| Filing 24 RESPONSE to #22 Motion to Dismiss and MOTION by Mark Smith, Patricia G. Smith for Extension of Time to File PPF to January 7, 2013 (Kinner, Mitchell) (Modified text for clarity and to add link to #22 motion on 1/3/2013) (skh). [Transferred from wvsd on 4/13/2018.] |
| Filing 23 MEMORANDUM by Ethicon, Inc., Johnson & Johnson in support of #22 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss Complaint Attached to #1 Notice of Removal (Thomas, David) [Transferred from wvsd on 4/13/2018.] |
| Filing 22 MOTION by Ethicon, Inc., Johnson & Johnson to Dismiss Complaint Attached to #1 Notice of Removal (Thomas, David) (Modified on 12/29/2012 to add link to #1 notice of removal) (skh). [Transferred from wvsd on 4/13/2018.] |
| Filing 21 STIPULATION OF DISMISSAL OF DEFENDANT ASHLAND HOSPITAL CORPORATION d/b/a KINGS' DAUGHTERS MEDICAL CENTER, ONLY, by Ashland Hospital Corporation, Patricia Smith, Mark Smith, Johnson & Johnson, Ethicon, Inc., Ethicon Women's Health and Urology, Gynecare (Hall, W.) (Modified text for clarity and to add additional filers on 7/31/2012) (skh). [Transferred from wvsd on 4/13/2018.] |
| Filing 20 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Kari L. Sutherland on behalf of Ethicon, Inc., Johnson & Johnson. (Sutherland, Kari) [Transferred from wvsd on 4/13/2018.] |
| Filing 19 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Susan M. Robinson on behalf of Ethicon, Inc., Johnson & Johnson. (Robinson, Susan) [Transferred from wvsd on 4/13/2018.] |
| Filing 18 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Philip J. Combs on behalf of Ethicon, Inc., Johnson & Johnson. (Combs, Philip) [Transferred from wvsd on 4/13/2018.] |
| Filing 17 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by David B. Thomas on behalf of Ethicon, Inc., Johnson & Johnson. (Thomas, David) [Transferred from wvsd on 4/13/2018.] |
| Filing 16 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by William M. Gage on behalf of Ethicon, Inc., Johnson & Johnson. (Gage, William) [Transferred from wvsd on 4/13/2018.] |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Laura H. Dixon on behalf of Ethicon, Inc., Johnson & Johnson. (Dixon, Laura) [Transferred from wvsd on 4/13/2018.] |
| Filing 14 NOTICE OF ATTORNEY APPEARANCE AND COUNSEL CONTACT INFORMATION FORM by Christy D. Jones on behalf of Ethicon, Inc., Johnson & Johnson. (Jones, Christy) [Transferred from wvsd on 4/13/2018.] |
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Filing 13
ORDER: Vacating the #12 Order and Notice entered on 5/15/2012. Signed by Judge Joseph R. Goodwin on 5/16/2012. (cc: attys; any unrepresented party) (taq) [Transferred from wvsd on 4/13/2018.]
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Filing 12
VACATED PURSUANT TO THE #13 ORDER: ORDER AND NOTICE: Rule 12(b) Motions 6/15/2012. Rule 26(f) Meeting 7/16/2012. Last day to file report of Rule 26(f) Meeting 7/23/2012. Scheduling Conference at 11:00 AM on 8/6/2012 in Charleston. Entry of Scheduling Order 8/20/2012. Last Day to make Rule 26(a)(1) disclosures 8/24/2012. Signed by Judge Joseph R. Goodwin on 5/15/2012. (cc:attys; any unrepresented parties) (tmh) (Modified on 5/17/2012 to note order and notice has been vacated) (skh). [Transferred from wvsd on 4/13/2018.]
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| Filing 11 TRANSMITTED PRETRIAL ORDER #6 (Revised PSC List) entered on 05/04/2012 in MDL 2327 to attorneys in member case. (klc) [Transferred from wvsd on 4/13/2018.] |
| Filing 10 CASE TRANSFERRED IN from the Kentucky Eastern; Case Number 0:12-cv-00042. Original file certified copy of transfer order and docket sheet received. [Transferred from wvsd on 4/13/2018.] |
| Filing 9 Case Transfer to the MDL Panel; Chief Judge Joseph R. Goodwin of the Southern District of West Virigina presiding over litigation MDL 2327 In Re Ethicon, Inc. Signed by Chief Judge Joseph R. Goodwin on 5/11/2012.(KSS)cc: COR [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
| Filing 8 INFORMATION COPY OF MDL CONDITIONAL TRANSFER ORDER: MDL No. 2327 (KSS) [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
| Attorney Update. Attorney William F. Bottoms for Ashland Hospital Corporation added. (SMT) [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
| Filing 7 NOTICE OF APPEARANCE by Ashland Hospital Corporation. (Hall, W.) [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
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Filing 6
ORDER OF RECUSAL: Judge Henry R. Wilhoit, Jr recuses from further service in this matter. That this matter be and hereby is reassigned to Judge David L. Bunning for all further proceedings. Signed by Judge Henry R. Wilhoit, Jr on 5/2/2012.(KSS)cc: COR [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.]
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| Conflict Check run. (KSS) [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
| ***FILE SUBMITTED TO CHAMBERS of Henry R. Wilhoit, Jr. for review re: jurisdiction: #1 Notice of Removal, (KSS) [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
| Conflict Check run. (KSS) [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
| ***MOTION SUBMITTED TO CHAMBERS of Henry R. Wilhoit, Jr. for review: re #5 MOTION to Stay All Proceedings Pending Decision on Transfer to MDL No. 2327, In Re Ethicon, Inc., Pelvic Repair System Products Litigation re #1 Notice of Removal by Johnson & Johnson, Ethicon, Inc. (KSS) [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
| Filing 5 MOTION to Stay All Proceedings Pending Decision on Transfer to MDL No. 2327, In Re Ethicon, Inc., Pelvic Repair System Products Litigation re #1 Notice of Removal by Ethicon, Inc., Johnson & Johnson (Attachments: #1 Memorandum in Support, #2 Exhibit Westlaw cite 2/7/12 Transfer Order, #3 Proposed Order)(KSS) [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Ethicon, Inc., Johnson & Johnson identifying Corporate Parent Johnson & Johnson for Ethicon, Inc.; Ethicon, Inc. as wholly owned subsidiary of Johnson & Johnson. (KSS) [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
| Filing 3 ANSWER to Complaint (Notice of Removal) by Ethicon, Inc. (KSS) [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
| Filing 2 ANSWER to Complaint (Notice of Removal) with Jury Demand by Johnson & Johnson.(KSS) [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
| Filing 1 NOTICE OF REMOVAL from Boyd Circuit Court, Case No. 12-CI-00327. (Filing fee $350; receipt number 0643-2333083), filed by Johnson & Johnson, Ethicon, Inc. (Attachments: #1 Declaration in Support of Removal, #2 State Court Record, #3 Civil Cover Sheet, #4 Case Assignment)(KSS) [Transferred from Kentucky Eastern on 5/11/2012.] [Transferred from wvsd on 4/13/2018.] |
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